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HomeMy WebLinkAbout1990V1224P820 / W' v`-'/ WST/ks Kapchin.row ) 9/— 46" 572 T) K'w k RIGHT OF WAY EASEMENT AND90 DEC - 2 La AGREEMENT STATE OF TEXAS § ✓l • ,' �(Ja .t,l� Y Cl ER1( S KNOW ALL MEN BY THESE P COUNTY OF BRAZOS S ! - THAT, HENRY KAPCHINSKI, LOUIS KAPCHINSKI, HELEN KAPCHINSKI MATOUS, ANNIE KAPCHINSKI FOJTIK, and CHRISTINE SECHELSKI, collectively referred to herein as GRANTOR, of the County of Brazos, the State of Texas, for and in consideration of the payment of TEN AND NO/10 ($10. 00) DOLLARS, cash, in hand paid to GRANTOR by the CITY OF COLLEGE STATION, TEXAS, GRANTEE, the receipt of which is hereby acknowledged, and the further consideration of the Grantee foregoing any right of assessment said Grantee might have for any street paving or other improvements against adjoining lands of GRANTOR, and this Deed and Easement being given in lieu of condemnation by the GRANTEE; HAVE GRANTED, SOLD, AND CONVEYED, and by these presents do GRANT, SELL, AND CONVEY unto THE CITY OF COLLEGE STATION GRANTEE, a Home . Rule Municipal Corporation, certain r TEXAS, interests in the nature of an EASEMENT AND RIGHT OF WAYfights and and throu h on, across, 9 the ' following described property: Being all that certain Bed be an 0.23 acre tract or parcel of land lying ag situated in the Morgan Rector League, Abstract No. 46, College Station, ,Brazos Count in Exhibit �� y;• . Texas, said tract being more fully described.all ur A attached hereto and made a part hereof for P prises. SAID EASEMENT to be used 'for a public right of and the CITY shall have the waY and street, permanent right to construct, use, operate, inspect,p , repair, maintain, ' " maintain such a street withinreconstruct, modify, and the easement area, and further may construct, operate;' 'and maintain within the easement area electric transmission lines, distribution lines, and electric service facilities, sanitary sewer lines connecting lines, access facilities, storm sewers, collection facili telephone ties, television,and communications lines' upon, over, and across s property as described herein, aid and the CITY may cut, trim, and Y�: .�'?ii ra;r PIA WST/ks Kapchin.row control the growth of trees and other vegetation that might interfere with the operation and maintenance of any public street or utility; and it is further agreed that any equipment, poles and facilities placed upon the property shall remain the property of the GRANTEE, TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns forever, and GRANTOR does hereby bind themselves, heirs, administrators and assigns to warrant and forever defend, all and singular, these rights and interests unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, against every person whomsoever lawfully claiming, or the claim same, or any part thereof. ,, 1 EXECUTED this day of April, 1990 S --- r • / / 1 ji Vir -.0"• LOUIS KAPCHINSKI • EN KAP/H-6 SKI MATOUS , �� ! /, �• �: t%._ . M N E KAPCH, SKI FOJTIK C RISTINE KA-CHINS I SECFi LSK Z `L L STATE OF TEXAS S COUNTY OF BRAZOS S This instrument was acknowledged before me on this the9 day of -Apvr-il, 1990, by Henry Kapchinski. ttigQ •�;�"' � '; LARRY WELLS ���� z'; 'E MY COMMISSION EXPIRES ACAW , -4,,,F p�;; December 4, 1993 N��, ry P blic, State of Te s My Commission Expires:�� , STATE OF TEXAS S COUNTY OF BRAZOS S This instrument was acknowledged before me on this the i da of A ..1, 1990, by Louis Kapchinski. — Y 11 vyfi ,..47!l LARRY YELLS '• �•- MY COMMISSION EXPIRES41" . 'S December 4, 1993 •ta rY Public, State of Texas My Commission Expires:la/ gam • • WST/ks Kapchin.row STATE OF TEXAS S S COUNTY OF BRAZOS S This instrument was acknowledged before me on this the 9clay of trpr1 1990, by Helen Kapchinski Matous. fiAlfi ; '' '"+� LARRY WELLS t 1 '�✓v" +.' �a MY COMMISSION EXPIRES ! December 4, 1993 ry Public, State of Te s My Commission Expires: ff/4yq STATE OF TEXAS S COUNTY OF BRAZOS § This instrument was acknowledged before me on this the Ig day of Apail., 1990, by Annie Kapchinski Fojtik. C , G`+ o,` Notary Publ c, St e of Texas s• • :. My Commission Expires: - P (-/ 'SF OF TEXAS s COUNTY OF BRAZOS § S This instrument was acknowledged before me on this the914 ofof ...April, 1990, by Christine Kapchinski Sechelski. --- day 'c;;il'• • Gly 7 �,r;1 1 <: ,, S Nom.. para- ' =�' , , Pu 1lc, State of Texas "''ber 4, .,3 My Commission Expires: I VO. 1.224 ra,r 62? METES AND BOUNDS DESCRIPTION OF A 0.23 ACRE TRACT MORGAN RECTOR LEAGUE, ABSTRACT NO. 46 COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain 0.23 acre tract or parcel of land, lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas, and being a portion out of that same 17.76 acre tract conveyed from John Ben Carrabba, Trustee, et al, to Henry Kapchinski, et al, as described by deed recorded in VOLUME 933, PAGE 478, of the Official Records of Brazos County, Texas, said 0.23 acre tract being more particularly described as follows: BEGINNING at the east corner of said 17.76 acre tract, being also the south corner of that same called 50.00 acre tract conveyed from Victoria Kapchinski to Clement A. Fojtik, et ux, as described by deed recorded in VOLUME 246, PAGE 657, of the Deed Records of Brazos County, Texas. THENCE S 41° 54' 47" W - 330.46 feet with the southeast line of said 17.76 acre tract to a 1/2" iron rod found marking the west corner of that same 300.00 acre tract conveyed from Allen Swoboda, Trustee, to Haldec, Inc. as described by deed recorded in VOLUME 394, PAGE 766 of the Deed Records of Brazos County, Texas. THENCE N 48° 05' 13". W - 30.00 feet across said 17.76 acre tract to a point for corner. THENCE N 41° 54' 47" E - 329.87 feet, parallel to and 30.00 feet northwest of the southeast line of said 17.76 acre tract, to a point for corner in the common line between said. 17.76 acre tract and said 50.00 acre tract. THENCE S 49° 12' 38" E for a distance of 30.01 feet with said common line to the PLACE OF BEGINNING, and containing 0.23 acres of land, more or less. • November 1990 OF 1�•••• F 1i I'lo/go -4'4,0� x'44% Municipal Development 4. I r P Group ; College Station, Texas ll. V. =sum • .,. 1852 ;•".14., M• itf zi N, S1IR`f • Prepared by: `` 2, A', .. `/ ' K, I-- A. W. K-ssler Registered Professional Land Surveyor No. 1852 C � Z<-47i6o .4 000457-F.10-39 (1802) 1. 17713 • es. x{